MUST BE AGREED TO PRIOR TO PLACING ORDER

Amended Terms as of June 18, 2021

 

  • Definitions
    1. Keystone Tactical Supply, LLC. aka “KTS”
    2. Customer aka “Buyer”
    3. Keystone Tactical Supply, LLC and the Customer aka “Parties”
    4. Keystone Tactical Support Website aka “KTS Site”
    5. Terms and Conditions aka “Terms”
    6.  Standard Terms aka “Standard Terms”
    7. Special Terms and Agreements aka “Special Agreement”
    8. Combined Terms and Conditions, Standard Terms, and Special Agreement aka “All Terms”
  • Background Keystone Tactical Supply, LLC and All Customers (the “Parties”) entered into the Agreement of “Standard Terms” and “Terms”  after the Agreement of Terms was Checked, and Checkout was completed during the purchase of products on the “KTS Site”. These original “All Terms” have an Effective Date of  February 02, 2020 and act as an Agreement between both “Parties”.

Due to recent events including but not limited to the effects of COVID19, inefficiencies self identified in KTS Business an Operations processes, staffing shortages, and increased sales, KTS has encountered unprecedented delays  in order processing,  delays in shipping completed orders, and a failure of providing a satisfactory Customer Experience, these Special Terms are an  Amendment to, but do not invalidate the Original  Terms and Conditions, Standard Terms, and / or other Agreements. These “Special Terms: have been created in order to set the current Customer Expectations regarding the sales of our products.

  • What this Amendment sets out to achieve
    1. KTS’s desire to amend all “Terms” forth in this “Special Terms” Addendum to reflect the unprecedented situation currently affecting all Customers.
    2. This Agreement is the first amendment to the “Terms”.
    3. References in these “Special Terms ” and new terms are in addition to and where indicationed an override of tee original Terms and Conditions, Standard Terms,, and other Agreements.  Unless otherwise indication, all provisions in those Terms and Conditions, Standard Terms,, and other Agreements are still withstanding and binding.

IN CONSIDERATION OF the “Parties” agreeing to amend their obligations in the existing Terms and Conditions, Standard Terms,, and other Agreements., and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the “Parties” agree to keep, perform, and fulfill the promises, conditions and agreements below:

    • Amendments  – The following Amendments have been changed as follows
      • Cancellation/Refund Policy
        Original –  Orders may be Cancelled and Refunded or Changed within 24 hours from Order Submission. After 24 hours, all Sales for Custom Ordered Patches are Final. No Refunds unless explicitly approved by an Authorized Manager, Director, or Executive.
      • Amended Policy – Cancellations / Refunds Upon agreement of these updated Terms, Orders may be cancelled at anytime. Refunds will be honored, in the amount of the original purchase price in full with the following exceptions.
        1. Orders may be Cancelled and Refunded or Changed within 72  hours from Order Submission.
        2. Orders for Custom Orders, or any Order in which Custom Artwork, or Custom changes to the Products may only be cancelled upon written request from the Customer to KTS using either email at support@keystonetacsupply.com.  the Subject “Custom Order Cancellation Request” or by using our Contact Form. Failure to contact us within 24 hours of submitting a Custom Order may result in the forfeiture of  no less than 50% of the purchase price of the Custom Item.
        3. Any orders which has been placed but not yet processed and shipped regardless of the length of delay, may at any time request a cancellation and refund without prejudice.
        4. If an order has been processed but not yet delivered, no cancellation or refunds will be accepted or approved unless specifically approved in writing by an Authorized Representative of Keystone Tactical Supply, LLC.. This is because the Products have already been manufactured, and can no longer be resold. Exceptions to this policy will only be approved on a case by case basis, and only under very specific circumstances.
    • Indemnification Agreement

Original – You agree to indemnify, defend and hold harmless Keystone Tactical Supply, LLC. , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Keystone Tactical Supply, LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Keystone Tactical in asserting any available defenses.

    • Amended Agreement

Indemnification Upon the Agreement of these Terms, you, the Customer agree to  indemnify, defend and hold harmless Keystone Tactical Supply, LLC. , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Keystone Tactical Supply, LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Keystone Tactical Supply, LLC.  in asserting any available defenses.

You also agree to indemnify, defend and hold harmless Keystone Tactical Supply, LLC. , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any delays in the processing, competition, and delivery of your order. You have been provided with and understand that Keystone Tactical Supply, LLC. is currently experiencing substantial delays in our ability to process and deliver orders to our customers and are working as hard as possible to resolve all issues which have affected our ability to meet our Customers Expectations and deliver the orders to our Customers. At the time of this writing, we can not provide and guarantee as to how long these delays will be affecting us, and in no way can guarantee any possible delivery windows unless specified in under Special Terms or as agreed to in writing by an Authorized Keystone Tactical Supply, LLC. Representative.

    • Waiver of  Legal Action against Keystone Tactical Supply, LLC.

By Acceptance of these “Special Agreement”, and submissions of order, The Customer Acknowledges that  they have read and understood that “KTS” is experiencing Substantial Delays in Order Processing and Delivery and  willingly accept these terms  without prejudice. The Customer  hereby forfeits any and all right to take any Legal Action against Keystone Tactical Supply, LLC. it Owner, Members, Employees, Contractors, and / or Third Parties associated with Keystone Tactical Supply, LLC. due to any damages, losses, or other consequences that may arise as a result of Accepting these Amended Terms . This includes but is not limited to Class Action Suites, Suing for Damages, Financial Losses, or any other situation caused directly or indirectly as the result of delays, substantial or otherwise.

    • Class Action Waiver Agreement

Original – Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you, the Customer and Keystone Tactical Supply, LLC. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

By Submitting your order your, the Customer, understand that all orders may be substantially delayed. As these delays may be extensive, you, the Customer, agree that you have been notified of such delays, and therefore are accepting the consequences that may arise from such delays, and therefore  forfeit and wave your rights to  participation in, initiate, or be represented in any Class Action Claim against Keystone Tactical Supply, LLC. , it’s Members, Officers, Owner, Contractors, or any Third Party Entities affiliated with Keystone Tactical Supply, LLC. .

    • Agreement to not take Legal Action

By Acceptance of these Special Agreement, and submissions of order, The Customer Acknowledges that  they have read and understood that Keystone Tactical Supply, LLC. is experiencing Substantial Delays in Order Processing and Delivery and  willingly accept these terms  without prejudice. The Customer  hereby forfeits any and all right to take any Legal Action against Keystone Tactical Supply, LLC. it Owner, Members, Employees, Contractors, and / or Third Parties associated with Keystone Tactical Supply, LLC. due to any damages, losses, or other consequences that may arise as a result of Accepting these Amended Special Agreement. This includes but is not limited to Class Action Suites, Suing for Damages, Financial Losses, or any other situation caused directly or indirectly as the result of delays, substantial or otherwise.

Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Special Terms. Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa. No regard for gender is intended by the language in this Agreement.

  •  Governing Law  Subject to the terms of this “Special Terms”, and Original “All Terms”, it is the intention of the “Parties” that this” “Special Agreement” , and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Commonwealth of Pennsylvania, without regard to the jurisdiction in which any action or special proceeding may be instituted.

 

  • Entire Agreement; Governing Law 

This Special Agreement, and all other Terms, Conditions, and Agreements are Legally Binding, except where prohibited by law or court injunction.

The provisions of this “Special Agreement ” contain the entire agreement between the parties relating to the subject matter hereof. This “Special Agreement” may not be released, discharged, abandoned, changed or modified in any manner except by an instrument in writing signed by the parties. Parts of this “Special Agreement ” supersedes the Standard Terms and Conditions, and Terms and Conditions.

This “Special Agreement ” will be governed by and interpreted under the laws of the Commonwealth of Pennsylvania, without regard to choice of law principles.

All parties irrevocably submit to the jurisdiction of the state and federal courts located in Luzerne County, Pennsylvania for any action or proceeding regarding this Agreement, and all parties waive any right to object to the jurisdiction or venue of the courts in Luzerne County, Pennsylvania.

  • Binding Nature. This “Special Agreement ” shall be binding on the heirs, successors, subsidiaries and permitted assigns of the parties hereto.

These Special Agreements are effective as of June 21, 2021, and in effect for all orders placed from this date forward and until further notice. Keystone Tactical Supply, LLC. reserves the right to make changes, modifications, or additions at anytime without prior notice, as the Customer is Required to Read and Agree to these Terms prior to placing their order.